The Do (More) Good (Better) Newsletter™ #4

The Do (More) Good (Better) Newsletter™ #3

Beyond Advisers Weighs In: The Uncertain Path Forward for DEI in Law Firms

Law Firm Diversity Pros Fear for Future of DEI Efforts Under Trump Presidency

By: Jon Campisi

"Law firms should talk more about what they're doing," argued diversity consultant Joelle Emerson. "One of the things that makes this so controversial is that people don't know what these programs are."

With Donald Trump set to return to the White House after a historic victory Tuesday, some in the legal community are wondering whether diversity, equity and inclusion efforts that have expanded for the past few years within Big Law and their corporate clients may be rolled back.

Known for a traditionally homogenous workforce, large law firms have struggled for years to diversify their ranks to more accurately reflect the mosaic of America. But firms have lately achieved some degree of success by installing DEI professionals in the C-suite and participating in programs like the Mansfield Certification process, which has focused on ensuring more diverse leadership.

Now, following Trump's Tuesday victory, some are concerned that law firm and broader corporate DEI efforts might be stymied.

"It's very easy to target these things when we use this acronym, 'DEI,' and don't talk about what it is," said Joelle Emerson, co-founder and CEO of diversity consultancy Paradigm.

This backlash has been brewing over the last several years. In 2023, Edward Blum, the conservative legal activist who helped dismantle affirmative action in college admissions, sued several law firms over their use of diversity fellowships. And former Trump adviser Stephen Miller has also been suing businesses through his organization America First Legal, alleging that their pursuit of diversity goals has led to discriminatory treatment against white people.

"I'm preparing our clients for total disruption in DEI, ESG and social impact overall. We know the Trump Administration and its supporters like Project 2025 have pledged to disrupt the regulatory and enforcement environments," wrote attorney Scott Curran, CEO of social impact and legal consulting firm Beyond Advisers. "They will likely arm Stephen Miller and Ed Blum with rocket fuel for their efforts to rollback progress that's been made to level the playing field for historically marginalized communities."

This summer, The American Lawyer reported that large firms experienced diversity gains across associates and partners in 2023, and that out of 208 law firms studied, most of them in the Am Law 200, minority attorneys comprised more than 22% of lawyers that year, and that minority partners made up 13.6% of partners. Both figures are improvements over the previous year.

But as law firms have made some strides, observers now worry about a possible impact to these efforts, particularly as President-elect Trump has been vocal about taking on what he has called "divisive concepts," which some say is a euphemism for diversity initiatives.

"At the federal level, we know that a second Trump administration would dismantle or refuse to enforce critical DEI programs and initiatives that date back decades," the American Civil Liberties Union wrote this summer, responding to policy proposals contained within Project 2025, a blueprint for governance overseen by the conservative Heritage Foundation.

Emerson said it's still somewhat early for conjecture—"Anyone that claims to have a crystal ball on that will probably be lying"—but she said she expects that the Trump administration would likely "pick up on its playbook from last time."

In order to fight back against efforts to stymie DEI programs and initiatives, Emerson said the legal field must push back on "the idea that these concepts are controversial."

The best thing law firms can do, she said, is to be clear about what, specifically, these programs and initiatives are designed to do.

"Law firms should talk more about what they're doing," she said. "One of the things that makes this so controversial is that people don't know what these programs are."

Emerson, who said she has been advising clients on how to navigate DEI issues for the past several months, expects law firms to continue providing resources and support to attorneys from underrepresented backgrounds regardless of the concern over any future potential presidential action.

Another DEI consultant, Angela Vallot with VallotKarp, said while Project 2025 highlights plans to eliminate DEI initiatives in government agencies, "they can't mandate that law firms and corporations eliminate DEI programs."

"Research is clear that diversity is good for business," Vallot said. "Organizations understand that you have to have diversity of thought, and diversity of thought comes from having people from all different backgrounds. None of that is going to change regardless of who's in office."

The American Lawyer reached out to numerous other legal insiders and Big Law firms to try to obtain insight into how legal industry DEI efforts may be impacted by the incoming administration, but many sources either did not respond to requests for comment or declined to participate in this story.

But Catherine Dapra, a partner with legal industry consultancy Baretz & Brunelle who served as the first chief talent officer at Arnold & Porter, said she is unconvinced that a president will have a great impact on issues such as law firm DEI initiatives.

"The DEI programs constructed across the legal industry have allowed for incredible insights and transparency into the legal workforce and found ways to better align with clients," Dapra said. "Many of DEI programs focus on inclusion and engagement, which is certainly of continued value, politics aside, and is not a function of who is president."

Dapra said law firms will continue to hire "the best and brightest lawyers and professionals to service their clients," and that law firm cultures thrive when employees have "developed a sense of belonging and community within the workplace and are challenged to consider different perspectives to offer strategic solutions to challenging legal issues."